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REPORT AND RECOMMENDATION re: 25 MOTION for Summary Judgment filed by United States of America: For the reasons set forth above, I recommend that the defendant's motion for summary judgment be granted and that the plaintiff's request to a mend his pleading be denied. Pursuant to 28 U.S.C. § 636(b)(1) and Rule 72(b) of the Federal Rules of Civil Procedure, the parties shall have fourteen (14) days from service of this Report to file written objections. See also Fed. R. Civ. P. 6. Such objections, and any responses to objections, shall be filed with the Clerk of Court, with courtesy copies delivered to the chambers of the Honorable Lewis A. Kaplan, 500 Pearl Street Room 2240, New York, New York 10007, and to the chambers of t he undersigned, 40 Centre Street, Room 425, New York, New York, 10007. Any requests for an extension of time for filing objections must be directed to Judge Kaplan. Failure to file objections within fourteen (14) days will result in a waiver of objec tions and will preclude appellate review. See Thomas v. Arn, 474 U.S. 140, 106 S. Ct. 466, 88 L. Ed. 2d 435 (1985); IUE AFL-CIO Pension Fund v. Herrmann, 9 F.3d 1049, 1054 (2d Cir. 1993); Frank v. Johnson, 968 F.2d 298, 300 (2d Cir. 1992); Wesolek v. Canadair Ltd., 838 F.2d 55, 58-59 (2d Cir. 1988); McCarthy v. Manson, 714 F.2d 234,237 (2d Cir. 1983). Objections to R&R due by 1/13/2014 (Signed by Magistrate Judge Kevin Nathaniel Fox on 12/23/2013) Copies Mailed By Chambers. (tn)

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